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(영문) 수원지방법원 안산지원 2016.06.02 2015고정1296

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 21, 2015, the Defendant was sentenced to a suspended sentence of two years on August 1, 2015, and the said judgment became final and conclusive on October 1, 2015.

On March 24, 2013, the Defendant: (a) on March 24, 2013, posted a notice in the door to purchase a letter of employment of a public official prepared by the victim B at a bulletin board of the country of the Republic of Korea; and (b) made a false statement that the said book was sold to KRW 30,000 by contact the victim.

However, the defendant did not have the above book, and even if he received money from the injured party, he did not have the intention or ability to sell the book.

The Defendant received KRW 30,000 from the victim to the single bank account in the name of the Defendant and received KRW 180,000 from the victims at that time through the same time until April 7, 2013, in total, eight times, as shown in the annexed Crime List, from the victims.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of damage (including the statement statement) by D and E, B, F, G, H, and I;

1. Data on details of transactions of accounts for depositing damage deposits;

1. Before judgment: Application of one copy of the results of search of the integrated case No. 3304 (Masan Support) by sentence 2015, one copy of the final judgment No. 2015 (Masan Support) by sentence 2113 (Masan Support) by sentence 1 by sentence;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;